MODULE IIINTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND

INCADAT

FRANCISCO JAVIER FORCADA MIRANDA

SPANISH REPRESENTATIVE OF THE INTERNATIONAL HAGUE NETWORK OF JUDGES

MEMBER OF THE EJN, REJUE, IBER-RED AND REDUEINCADAT SPANISH CORRESPONDENT

SENIOR JUDGE AT COURT OF FIRST INSTANCE NO. 6 (FAMILY) IN ZARAGOZA

THE FUTURE OF THE FIGHT AGAINST INTERNATIONAL CHILD ABDUCTION INVOLVES TWO ESSENTIAL PILLARS IN THE ABSENCE OF A

FUTURE PROTOCOL:

THE CONVENTION OF 25.10.1980 AND THE CONVENTION OF19.10.1996

87 AND 33 CONTRACTING STATES

THE CENTRAL SOLUTION: THE RAPID RETURN OF THE CHILD IS THE ONLY ACCEPTABLE RESPONSE

THE MAIN NEW DEVELOPMENT: THE CONVENTION OF 19.10.1996

•IT REAFFIRMS THE CONVENTION OF 25.10.1980•IT SUPPORTS THE ESSENTIAL WORK OF THE

AUTHORITIES OF THE HABITUAL RESIDENCE OF THE CHILD

•IT ALLOWS THE ADOPTION OF URGENT MEASURES (11 AND 12)

•IT ALLOWS THE RECOGNITION OF MEASURES IN THE COUNTRY TO WHICH THE CHILD IS

RETURNED (NO NEED FOR MIRROR ORDERS)•VISITS BEYOND ARTICLE 21

THE KEY ROLE OF THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF

25.10.1980 AND 19.10.1996

1.- PROMOTION OF THEIR OPERATION AND EFFECTIVE IMPLEMENTATION

2.- PROMOTION OF RATIFICATIONS AND ACCESSIONS.

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996

1.- MEETINGS OF SPECIAL COMMISSIONS

APPROXIMATELY EVERY 4 YEARS

6 HELD UNDER 1980 CONVENTION

LAST 2, 2006 AND 2011, 1996 CONVENTION ALSO

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996

2.- DEVELOPMENT OF GOOD PRACTICE GUIDES.

I.- CENTRAL AUTHORITIES (1980)

II.- IMPLEMENTING MEASURES (1980)

III.- PREVENTATIVE MEASURES (1980)

IV.- ENFORCEMENT (1980)

V.- GUIDE TO GOOD PRACTICE ON MEDIATION (1980 IN PREPARATION)

CROSS-BORDER CONTACT REGARDING CHILDREN: GENERAL PRINCIPLES AND GOOD PRACTICE GUIDE (1980

AND 1996)

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF

25.10.1980 AND 19.10.19963.- PRACTICAL MANUAL ON THE 1996 CONVENTION AND

IMPLEMENTATION CHECKLIST.

TASK REQUESTED BY THE 2006 SPECIAL COMMITTEE

THE MANUAL PROVIDES AN EASILY UNDERSTOOD, ACCESSIBLE, PRACTICAL GUIDE TO THE 1996 CONVENTION

GUARANTEES THE DEVELOPMENT OF GOOD PRACTICES

THE PROJECT HAS BEEN CIRCULATED AS PRELIMINARY DOCUMENT NO. 4 OF THE 2011 SPECIAL COMMISSION

UNDER REVIEW IN LIGHT OF THE DEBATES OF THE SIXTH COMMISSION.- TO BE PUBLISHED IN 2012 ACCORDING TO THE

RECOMMENDATIONS OF THE MEETING.

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.19964.- CONFERENCES, SEMINARS AND CAPACITATION.

5.- DIRECT JUDICIAL COMMUNICATION: SUPPORT AND DEVELOPMENT

5.1.- INTERNATIONAL HAGUE NETWORK OF JUDGES: RUWENBERG 1998 THE ORIGINS: OVER 60 JUDGES FROM

46 STATES IN ALL CONTINENTS.

5.2.- EMERGING GUIDE AND DRAFT GENERAL PRINCIPLES. SUPPORT OF THE SIXTH SPECIAL

COMMISSION PART I

5.3.- JUDGES NEWSLETTER: REACHES OVER 900 JUDGES IN MORE THAN 115 COUNTRIES

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996

6.- THE WEBSITE OF THE HAGUE CONFERENCE AND THE SPECIAL SECTION ON CHILD ABDUCTION.

7.-DATABASES, CASE MANAGEMENT SYSTEMS AND ADDITIONAL DEVELOPMENT OF COMPUTER SYSTEMS

7.1.- DATABASE ON INTERNATIONAL CHILD ABDUCTION (INCADAT)

7.2.- STATISTICAL DATABASE ON INTERNATIONAL CHILD ABDUCTION (INCASTAT)

7.3.- ICHILD CASE MANAGEMENT SYSTEM

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996

8.- MAINTAIN COUNTRY PROFILES OF THE CONTRACTING STATES TO THE 1980 CONVENTION

PROJECT STARTED BY THE 2006 SPECIAL COMMISSION

GATHERS INFORMATION ON NATIONAL LAWS AND PROCEDURES

ON10 MARCH 2011, THE DEFINITIVE COUNTRY PROFILE WAS SENT TO THE CONTRACTING STATES FOR COMPLETION

47 OF THE 86 CURRENT CONTRACTING STATES TO THE 1980 CONVENTION HAVE SENT BACK THEIR COUNTRY PROFILES WHICH ARE AVAILABLE ON THE WEBSITE OF THE HAGUE

CONFERENCE

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.1996

9.- DEVELOP AND UPDATE MODEL FORMS

9.1.- MODEL APPLICATION FORM FOR RETURN (AND VISITING RIGHTS). WORK CONTINUES ON FROM THE 2011

SPECIAL COMMISSION

9.2.- A MODEL FORM FOR CONSENT TO TRAVEL? OPINIONS FROM THE STATES IN THE SIXTH SPECIAL

COMMISSION PART II 2012

THE SPECIFIC SERVICES ENTRUSTED TO THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF 25.10.1980 AND 19.10.199610.- REPLY TO REQUESTS FOR ASSISTANCE FROM

STATES, CENTRAL AUTHORITIES AND INDIVIDUALS

11.- REGIONAL PROGRAMMES AND THE MALTA PROCESS

LATIN AMERICAN PROGRAMME, AFRICAN PROJECT AND DEVELOPMENT IN THE ASIA PACIFIC REGION

MALTA 2004, 2006 AND 2009

WORKING GROUP ON MEDIATION IN THE CONTEXT OF THE MALTA PROCESS

FUTURE OF THE MALTA PROCESS

THE KEY ROLE OF THE HAGUE CONFERENCE WITH REGARD TO THE CONVENTIONS OF

25.10.1980 AND 19.10.1996

INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT)

INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT)

ACCESS TO IMPORTANT 1980 CONVENTION DECISIONS

CREATED IN 1999 BY THE PERMANENT OFFICE

EDITORIAL TEAM: PERMANENT OFFICE, PETER McELEAVY AND AUDE FIORINI

10,590 VISITS BETWEEN 18.1.2011 A ND18.5.2011

SUMMARIES OF APPROXIMATELY 1,000 DECISIONS FROM OVER 40 COUNTRIES

INTERNATIONAL CHILD ABDUCTION DATABASE (INCADAT)

OFFERS GUIDANCE

PROMOTES MUTUAL UNDERSTANDING

PROMOTES CONSISTENT INTERPRETATION

NEW VERSION LAUNCHED IN 2010: IMPROVEMENTS - NEW SECTION ON ANALYSIS OF CASE LAW

SIXTH SPECIAL COMMISSION PART I: DEBATE ON POSSIBLE EXTENSION TO 1996 CONVENTION. OBVIOUS

BENEFITS. THE DEBATE CONTINUES.

THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD

THE EUROPEAN COURT OF HUMAN RIGHTS1.- MAUMOUSSEAU AND WASHINGTON v FRANCE

6.12.2007

2.- NEULINGER AND SHURUK v SWITZERLAND. GRAND CHAMBER NO. 41615/07 OF 06.07.2010

3.- RABAN v ROMANIA NO. 25437/08 OF 26.10.2010

4.- VAN DEN BERG AND SARRI v NETHERLANDS OF 2.11.2010

THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD

THE COURT OF JUSTICE OF THE EUROPEAN UNION

12 DECISIONS BRUSSELS II BIS

9 DECISIONS INTERNATIONAL ABDUCTION

2 DECISIONS HABITUAL RESIDENCE

THE IMPORTANCE OF CASE LAW IN A GLOBAL WORLD

THE NATIONAL COURTS

JUDGMENT OF THE UNITED STATES SUPREME COURT OF 17 MAY 2010 Abbott v. Abbott

ELIASSEN AND BALDOCK v ELIASSEN AND OTHERS [2011] EWCA . HIGH COURT ENGLAND

END OF MODULE IIINTERNATIONAL CHILD ABDUCTION: THE ROLE OF THE HAGUE CONFERENCE AND

INCADAT

FRANCISCO JAVIER FORCADA MIRANDA